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IRIS 2001-1:1/29 [DE] Federal Supreme Court Rules Internet Dissemination of Holocaust Denial Is Punishable

The Bundesgerichtshof (Federal Supreme Court) has ruled that an Australian citizen can be punished for incitement of the people under the terms of Article 130.1 and 130.3 of the Strafgesetzbuch (Criminal CodeStGB). The accused, a director of the "Adelaide Institute" in Australia, wrote, inter alia, articles in which he supported "revisionist" theories and which he posted on the Institute's home page on an Australian Internet server. In these articles, written under the pretext of scientific research, he denied that the murder of Jews under National Socialism ever took place, describing it as a...

IRIS 2001-1:1/16 [DE] Continuing Media Concentration a Sign of Convergence

In accordance with the Rundfunkstaatsvertrag (Agreement between Federal States on Broadcasting - RStV), the Kommission zur Ermittlung der Konzentration im Medienbereich (Commission on Concentration in the Media - KEK) must publish a report every three years on developments in concentration in private broadcasting. The report, under the title Fortschreitende Medienkonzentration im Zeichen der Konvergenz (Continuing media concentration, a sign of convergence), was published on 28 November 2000. The body responsible for controlling concentration in the broadcasting sector is meant to counter the dangers...

IRIS 2001-1:1/15 [DE] Amendments to Inter-State Broadcasting Agreement Enter into Force

The 5th Rundfunkänderungsstaatsvertrag (Agreement to the Amend the Agreement between Federal States on Broadcasting), agreed by the Minister-Presidents of the Länder and signed between 6 July and 7 August 2000, entered into force on 1 January this year. The main subject of debate before the agreement was ratified by the various Land parliaments was a rise in public service broadcasting licence fees. The Landtag (Land parliament) of Saxony referred in the preamble to its Zustimmungsgesetz (Act of Consent) to the desire shared by many of the parliaments for closer involvement in deciding future...

IRIS 2000-10:1/23 [DE] Press Entitled to Consult Land Register

The Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) has again given the press greater freedom through its decision of 28 August 2000. A finance magazine publisher asked the land registry - initially without explaining her reasons for doing soto grant an editor access to certain pages of the land register. The request was rejected on the grounds that the registered landowner should be consulted first. Furthermore, the land registry thought that the journalist should explain her reasons for consulting the register in order to weigh up the public interest, as asserted by the press,...

IRIS 2000-10:1/22 [DE] Confiscation Did Not Breach Press Freedom

In a ruling of 22 August 2000, the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) rejected a complaint by daily newspaper TAZ that the Constitution had been infringed. The newspaper had appealed against rulings concerning the seizure and confiscation from its editorial offices of an original letter of confession that it had published, as well as the application of Article 97.5.2 in comparison with Article 97.2.3 of the Strafprozessordnung (Code of Criminal Procedure - StPO). In September 1995, TAZ had published an abridged version of a letter it had received from the group "Das...